Form Doj-Jmd-Fs-2 Investigation Report Form Page 3
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4Employee Name: ______________________________
Criteria for Compromise when Overpayment is $100,000 or less: In addition to ensuring that
there is no indication of fraud, misrepresentation, fault or lack of good faith, at least one of the
three criteria set forth in DOJ Order 2120.4E, Guideline #2 (shown below), must be satisfied to
approve a request for compromise. Can “yes” be answered to both “no fraud/fault, etc.,” and to
any one of these questions? If yes, indicate item number(s):____________________________
1.
Is debtor unable or unwilling to pay debt in full and would DOJ be unable to collect
within a reasonable time by enforced collection proceedings?
2.
Is there substantial doubt of DOJ’s ability to prove its case in a court of law? Would it be
difficult to prove that employee was overpaid or that the amount of the overpayment was
accurate?
3.
Does the anticipated cost of collection (aside from salary offset) equal or exceed the
amount owed and employee’s agency does not take the position of demonstrating to
other debtors that resistance to payment is not likely to succeed?
Do any of the following approving standards apply? If yes, indicate item number(s):__________
1.
Collection would cause serious financial hardship to the employee from whom collection
is sought (employee submitted a certified income and expense statement).
2.
Due to the overpayment, the employee has relinquished a valuable right or changed
positions for the worse, regardless of the employee’s financial circumstances.
3.
Given the substantial
amount of the debt (up to $2,999.99), repayment may result in tax
consequences for the employee (i.e., debt of less than $3,000 occurred in one tax year,
and full repayment made [to be made] in a subsequent tax year). A partial compromise
may be considered.
4.
The cost of collecting (aside from salary offset) equals or exceeds the amount of the
claim.
5.
The type of pay error was not apparent to most employees whose job does not require
knowledge of pay entitlements; employee received SF-50(s) untimely (i.e., received
several pay periods after the error occurred and error not apparent on Earnings Statement
or employee did not receive a notice of entitlement [what to expect] before or at the onset
of the error]); or there was a fluctuation of pay for several pay periods before the error
occurred and error not apparent on Earnings Statement.
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